I have a great product idea in mind however I am unsure of the legal
steps I must perform before actually producing it, that is to say, the
process of applying for a patent on the product.  1) How do I go about
applying for a patent (Canada, US, and International) if the product
idea is the first of its kind or 2) if there is a product similar to
the one I have but mine is simply an improvement of it?

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Clarification of Question by kujam-ga on 09 Jan 2005 06:03 PST

Thank you all for your contribution but what about my second point 
2) if there is a product similar to
the one I have but mine is simply an improvement of it?

Ok this is a huge process to get something patened. But if you have
the drive and funds to make it happen then you would be in luck. First
off the best idea is not to aquaire one of those free patent guides
that so many offer today. The next thing that would be a good idea is
mail yourself the complete idea certifed and dont open it. This will
help you incase someone swindles you. Ok now what you will have to do
is completly draw out the shcematics of what it is what it looks like
and what it does. Then you will have to pay to search through the
patent offices to make sure that you have a original idea. I think you
will have to hire a patent attorney but I am not to shure about that.
Then you will need to find a firm to make your product for you if you
are wanting to sale it. You can have it at shows or you can bring the
idea to companies which you think may want/purchase your idea. Or you
could always market and distribute it your self. There is quit a bit
to read on this subject. But a patent attorney will be able to guide
you through the process. And good luck with your invention.


For more information.
http://www.uspto.gov/

See threadview 451092.

capitaineformidable.

capitaineformidable, my dear chap... why not link to it?

Subject: "Bringing an idea to life" 
http://answers.google.com/answers/threadview?id=451092

Sorry Cynthia, must do better next time.

Norman

Just a few comments on David1977's post.  

The concept of mailing your idea to yourself to obtain protection for
your invention is an Urban Legend.  It is not true and this method
does not protect your invention.

The best way to protect your invention is to get a bound notebook
(pages cannot be removed) and describe your invention with drawings,
experiments, or anything else you have to show you worked on this
invention.  Write in ink and write your name and date at the top of
each page.  Any blank space on a page should be crossed out with a
line.  If you make a mistake (spelling or anything else),just cross it
out with a single line.  DO NOT ERASE.  After you are done, have
someone who is not an inventor (uncle, friend, etc.) of the invention,
and have him sign and date each page.  This will establish the date of
invention.  The date of invention is the date when the witness signs,
not your date of writing the page.

This method of recording your invention will give you evidence that
could be presented in any court in the US.

Then contact a patent lawyer/agent and he will help you get a patent. 
The patent witing and filing should not cost more than about $5,000
US.  But it will vary.  DO NOT go to anybody who has an ad on TV or
other Invention Promotion company.

Also, it is important to understand that you cannot patent an "idea",
you patent a usefull application -- method, composition, process ... 
For example, the idea  of an umbrella that opens when it gets wet is
an "idea".  A actual solution of a mechanism that enables an umbrella
to open upon rainfall is an "invention".

Good luck

socal,

Although I was aware the "mail it to yourself" method was a myth, I
was unaware of the correct way to document the birth of an idea, and
the subsequent journey leading to an actual patentable, marketable
"widget."

THANK YOU for the information.  I appreciate your taking the time to
document this here.  Do you have any links, or proof that this
documentation method is accepted in any court in the US?  It sounds
like a citizen, any citizen, acts as a notary --for each page, I don't
doubt you at all, but someday (probably soon) --someone is going to
ask about this again.  I'd like to cite something.

~~Cynthia

Dear Cynthia

Most of the details for making an official record are flexible and
have been development from patent case law.  There are many law firm
web sites giving PowerPoint presentations on "Record Keeping".

For the official interpretation on US Patent Law, the MPEP (Manual of
Patent Examining Procedure) is the "bible"  The two cited sections are
very extensive on the topic with links to other sections in the MPEP. 
A copy of the MPEP is located on the USPTO web site (www.uspto.gov). 
Click on PATENT in top left column and follow link in the left column.

715.07 Facts and Documentary Evidence 

2138.04 "Conception"
The person "who first conceives, and, in a mental sense, first
invents, may date his patentable invention back to the time of its
conception, if he connects the conception with its reduction to
practice by reasonable diligence on his part, so that they are
substantially one continuous act."

Thank you all for your contribution but what about my second point 
2) if there is a product similar to
the one I have but mine is simply an improvement of it?

To answer the second question.

If the improvement is Novel, Unobvious, and Useful, then you may be
able to get a patent.  HOWEVER, if the original item is still under
patent then you cannot practice your invention without a license from
the original inventor.  A patent does not give you the right to do
anything, it only gives you the right to stop other people practicing
your invention.

You will need to contact a Patent Lawyer/Agent to determine if your
invention is Novel, Unobvious and Useful because these terms have
special meaning and are different from common usage.

socal,

Thanks for posting back.  I appreciate it very much...

Cynthia